DHANRAJ CHHAJAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Rule the petitioner challenges the detention of two consignments of turmeric which, according to him, were brought from Nepal for export outside India. As is well known, Nepal is a land locked country. The Indian ports and in particular the port of Calcutta is used for the transit of these goods for the purpose of shipment to foreign countries.

(2.) According to the petitioner on the 23rd April, 1978 he obtained an export licence issued by His Majesty's Government in Nepal for export of 20 metric tonnes of turmeric. On the the 7th July, 1978, 169 bags consisting of 70 Kg. each of turmeric crossed the Indo-Nepalese border at Joghani after complying with all the formalities and declaration. This consignment reached Kidderpore Dock on the 24th July, 1978.

(3.) A similar export turmeric licence was issued for export of 4 metric tonnes of turmeric on the 11th July, 1978, on the 13th July, 1978, 44 bags crossed the border and reached Kidderpore Dock on the 8th November, 1978.